Attachment Petition to Adopt

This document pretains to ITC-214-20020306-00105 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142002030600105_568555

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) File No: ITC-T/C-20070425-00162, ) ITC-214-20020306-00105 Comsat International, Inc. Transferor 1 And FILED/ACCEPTED 1 MAY 2 3 2007 British Telecommunications plc, 1 Transferee 1 1 Application for Consent to Transfer of Control PETITION TO ADOPT CONDITIONS TO AUTHORIZATIONS AND LICENSES The Department of Homeland Security (“DHS”), with the concurrence of the Department of Justice (“DOJ”) and the Federal Bureau of Investigation (“FBI”) (collectively, the “Agencies”), respectfully submit this Petition to Adopt Conditions to Authorizations and Licenses (“Petition”), pursuant to Section 1.41 of the Federal Communications Commission ’ (“FCC” or “Commission”) rules. Through this Petition, the Agencies advise the Commission that they have no objection to the Commission granting its consent in the above-referenced proceeding, provided that the Commission conditions the grant on British Telecommunications plc (“BT”) abiding by the commitments and undertakings contained in its May 16,2007 letter to Stewart A. Baker, Kenneth L. Wainstein, Sigal P. Mandelker, and Elaine N. Lammert (the “Letter”) attached hereto as Exhibit 1. In the above-captioned proceedings, BT and Comsat International, Inc. (Comsat) 1 47 C.F.R. 4 1.41.

(together the “Applicants”) have sought Commission consent to the transfer of control of Comsat and its associated licenses to BT.* As the Commission is aware, the Agencies have taken the position that their ability to satisfy their obligations to protect the national security, enforce the laws, and preserve the safety of the public could be impaired by transactions in which foreign entities will own or operate a part of the U.S. telecommunications system, or in which foreign-located facilities will be used to provide domestic telecommunications services to U.S. customers. After discussions with representatives of BT and Comsat in connection with the proposed transfer of control of Comsat to BT, the Agencies have concluded that the commitments set forth in the Letter will help ensure that the Agencies and other entities with responsibility for enforcing the law, protecting the national security, and preserving public safety can proceed in a legal, secure, and confidential manner to satisfy these responsibilities. Accordingly, the Agencies hereby advise the Commission that they have no objection to the Commission granting the above-referenced Applications, provided that the Commission conditions its consent on compliance by BT with the commitments set forth in the Letter. 2 Comsat International, Inc.. Transferor, and British Telecommunications plc, Transferee, Seek FCC Consent to Transfer Control of Licenses and Authorizations, Public Notice, Report NO. TEL-01145s. 2

The Agencies are authorized to state that the Applicants do not object to the grant of this Petition. Respectfully submitted, Is1 IS I Stewart A. Baker Elaine N. Lammert Assistant Secretary for Policy Deputy General Counsel U.S. Department of Homeland Security Federal Bureau of Investigation 3801 Nebraska Avenue, N.W. 923 Pennsylvania Avenue, N.W. Washington, DC 20528 Washington, DC 20532 (202) 324-1530 Is1 Charles M. Steele Chief of Staff National Security Division United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530 May 23,2007 3

May 16,2007 BY HAND DELIVERY AND ELECTRONIC MAIL Stewart A. Baker Assistant Secretary for Policy United States Department of Homeland Security Washington, D.C. 20528 Kenneth L. Wainstein Assistant Attorney General National Security Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Sigal P. Mandelker Deputy Assistant Attorney General Criminal Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Elaine N. Lammert Deputy General Counsel Federal Bureau of Investigation 935 Pennsylvania Avenue, NW Washington, D.C. 20535 Re: BT-Comsat International Security Assurances Dear Mr. Baker, Mr. Wainstein, Ms. Mandelker, and Ms. Lammert: As you know, pursuant to section 214 of the Communications Act of 1934, on April 25, 2007, British Telecommunications plc (“BT”), through its parent, BT Group plc, and Comsat International, Inc. (“Comsat International”) (together, the “Parties”) filed with the Federal Communications Commission a joint international and domestic application for the transfer of control of Comsat International and its associated licenses to BT (the “214 application”). In connection with the 214 application and the proposed acquisition of Comsat International, BT hereby assures the Department of Homeland Security, Department of Justice, and the Federal Bureau of Investigation (together, the “Agencies”) that it will apply the commitments made to the Agencies in the letter dated January 12, 2005, in connection with BT’s acquisition of Infonet Services Corporation (“Infonet”), which relate to the combined network facilities of BT and Infonet physically located in the United States,

equally to network facilities of Comsat International physically located in the United States. The security assurances enumerated in the January 12, 2005, letter specifically will apply to the U.S. facilities of Comsat International immediately upon consummation of the acquisition of Comsat International by BT. The assurances provided in this letter reflect BT’s continuing commitment to maintaining secure facilities in the United States, as well as BT’s desire to continue its strong working relationship with the United States government. Should there be any material changes with respect to BT’s security arrangements, BT will promptly notify DOJ, FBI, and DHS. Should you have any questions regarding any aspect of this letter, please do not hesitate to contact the undersigned. Very truly yours, British Telecommunications plc ,. By: Tim Cowen General Counsel & Commercial Ihrector BT Global Services BT Global Services PP A2.46 - BT Centre - 81 Newgate Street - London ECIA 7AJ


Document Created: 2007-05-23 10:28:03
Document Modified: 2007-05-23 10:28:03
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